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Patna High CourtCWJC/940/2023disposed

Avadhesh Kumar v. The State Of Bihar

2023-06-27Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.940 of 2023 ====================================================== 1.

Avadhesh Kumar, son of Panchanand, Resident of Village-Jarav Tola, Mahdurpur, P.s.-Sanhaula, District-Bhagalpur. 2.

Sanjay Kumar @ Sanjay Kumar Sah, son of Ranjan Sah, Resident of Village-Jarav Tola, Mahdurpur, P.s.-Sanhaula, District-Bhagalpur. 3.

Om Prakash Sah, son of Manni Sah, Resident of Village-Jarav Tola, Mahdurpur, P.s.-Sanhaula, District-Bhagalpur. 4.

Rambilash Sah, son of Late Darbani Sah, Resident of Village-Jarav Tola, Mahdurpur, P.s.-Sanhaula, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The District Magistrate, Bhagalpur, District-Bhagalpur. 4.

The Senior Superintendent of Police, Bhagalpur, District-Bhagalpur. 5.

The Sub Divisional Officer, Kahalgaon, District-Bhagalpur. 6.

The Land Reform Deputy Collector, Kahalgaon, District-Bhagalpur. 7.

The Anchaladhikari, Sanhaula, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Anjani Kumar (AAG4) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 27-06-2023

Patna High Court CWJC No.940 of 2023 dt.27-06-2023 2/3 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submits that the present writ petition has been filed for a direction to the respondents to consider his representation dated 07.09.2022 (Annexure- 4 series) on which there is no response from any level as yet.

3. He further submits that the present dispute is relating to settlement of land appertaining to Khata No. 918, Khesra Nos. 969, 968, 967, 966, 965 Mauza-Tarar, Thana - Sanhaula, District- Bhagalpur and under the various circulars of the year 2014 as well as of the year 2019, it is the Collector who is the competent authority to consider the same.

4. It transpires that on the representation of the petitioners dated 07.09.2022 (Annexure-4 series), the decision is yet to be taken by the competent authority.

5. In this view of the matter, this writ petition is disposed of with a direction to the Collector-cum-District Magistrate, Bhagalpur to pass a reasoned and speaking order on the representation filed by the petitioners in accordance with law.

6. It is made clear that this Court has not expressed

Patna High Court CWJC No.940 of 2023 dt.27-06-2023 3/3 any opinion on the merit of the case.

7. With the above observation and direction, the writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.07.2023 Transmission Date NA